Under the European Community
Association Agreement with Turkey, the “Ankara Agreement”, a Turkish national
might extend his leave whilst already legally living and working in the UK.

Who is this visa for?

If you are a Turkish national
living and working in the UK it might be good news for you, as there is the
possibility to apply to extend your stay in the UK as a Turkish worker.

This scheme is open, for example,
to those who are in the UK as the spouse of British national or as a student
allowed to work 20 hours a week during term time and full-time during vacation
periods.

Nonetheless, there are still some
other conditions to be met.

Immigration status requirements

First of all, you cannot be in
breach of any immigration laws, or have entered the UK illegally. Therefore,
you might not qualify if any of the following apply:

you have overstayed a previous period of leave
beyond the 28 day grace period

you have entered or sought to enter the UK
illegally

you have sought or obtained leave by deception,
for example by making false representations or failing to disclose material
facts in the application (fraudulent and abusive conduct)

you have breached conditions of leave to enter
or remain, for example where you have worked in an occupation not authorised by
your leave

you have made an asylum claim that has been
discredited

you have previously used fraudulent or abusive
conduct

you have unspent criminal convictions

you are liable to deportation

Hence, if you
wish to apply for a Turkish visa, it is very important that you have followed
immigration law and entered the UK legally, as you must be already present in
the UK. You cannot apply for a Turkish worker visa from outside the UK.

Worker requirements

Secondly, you must have been
working in the UK for at least one year for the same employer, and this
employment must be genuine and effective. To be recognised as a worker you must
be also duly registered as belonging to the UK’s labour force (e.g. paying
national insurance contributions).

How long I can stay in the UK?

For how long your leave would be
granted depends on how long you have already been working in the UK. There are
three thresholds.

Working
in the UK between 1 and 3 years for the same employer

If you have been a working in the
UK between 1 and 3 years you might be granted a leave for up to 2 years,
however you should continue to work for the same employer.

Working
in the UK for 3 to 4 years for the same employer

If you have already worked in the
UK between 3 and 4 years you should be granted leave of up to 1 year, however
you will be able to change employer, but you should continue working in the
same occupation.

Working
in the UK for over 4 years in the same occupation

If you have been working in the
UK for more then 4 years you should be granted leave of up to 3 years, and you can
enjoy free access to any paid employment.

Benefits of Turkish worker visa

The main benefits of a Turkish
worker visa is that the application is free of charge. To compare this, for
example, with a Spouse visa, which costs £1033 plus the IHS Surcharge of £1000,
from within the UK, this is definitely very good news for all those who can
qualify under this route.

The Turkish worker visa is a good
alternative for those who are already working in the UK and have leave as the
spouse of a British national if for some reason they cannot continue to meet
the minimum income threshold of £18,600. It also might be a good alternative
for those here on a student visa who would like to continue living and working
in the UK after finishing their studies.

Recent changes

Additionally, since 6th
of July 2018 it is possible for Turkish workers and their family members to
settle in the UK after 5 years of continuous residence. It is worth mentioning
that previously it was not possible, however, you could qualify for ILR after
10 years of continuous and lawfully residence. So, now the rules allow a
Turkish worker to settle much more quickly.

Moreover, to qualify for ILR
under the Turkish workers route, only the most recent period of leave must be
as a Turkish worker and the rest can be made up of a combination of leave as
either:

• a Turkish ECAA worker

• a Tier 2 (General) migrant

• a Tier 2 (Minister of Religion)
migrant

• a Tier 2 (Sportsperson) migrant

• a work permit holder

A Turkish worker visa is therefore
currently worth considering, as it can save you some money or might help if you
cannot meet the other strict immigration requirements. It allows you to settle
quickly and can even count towards your 5 years continuous residence leave
granted as a worker under a different category. However, you must remember the
main condition; that you must already be working in the UK and wish to continue
working in the UK.

IF YOU HAVE BEEN AFFECTED BY ANY UK IMMIGRATION MATTER, PLEASE CONTACT SOLICITOR TITO MBARITI, A UK IMMIGRATION AND HUMAN RIGHTS SOLICITOR, FOR A FREE INITIAL CONSULTATION ABOUT YOUR LEGAL OPTIONS. CALL 07544 669131/01163800744 OR ON SKYPE: TITO.MBARITI.

Testimonials

Review

I was very grateful for the straight-forward and clear advice that Tito gave to me. The fact that he took time out on a Sunday afternoon to speak to me and reassure me about an immigration issue that was causing me concern was of a great relief to me. Tito was very thorough in gaining the background details behind my immigration situation and provided me with helpful and professional advice. Thank you Tito! The free consultation you offer is something I would certainly recommend to anyone going through a similar situation.

Katie Frazer

July 29, 2013
Norfolk, England

All

I really must express my gratitude at the help you freely gave me in order to get visa . I realize how difficult related with my complex circumstances . I know I was on the verge of failing and I could not get it without your assistance . I appreciated your help that I have to get visa4UK after fourth refusal

Dr. Sallama

December 29, 2015
Turkey

Review

mr tito is fantastic at his job i would defo use him again very good advisor

Mr Amz

January 10, 2014
England

All

Tito kindly wrote me back with a Skype-call free consultation arrangement just 2 days after I left an enquiry on this website, then we had half an hour conversation via Skype. I can tell he is a warm-hearted, fast-thinking, learned and patient young lawyer with a great enthusiasm in pursuing justice. He knows about what is really happening at this time in terms of the very tough UK immigration matters, he encourages me and my husband to stay positive and he is willing to help. I believe he is certainly the right person to talk with if you have to confront a great difficulty in obtaining your fundamental right to stay in the UK.

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Cross Border Legal Solicitors is the trading name of Cross Border Legal Solicitors Limited Registered England: Reg. No. 09197611. the company’s Director and Principal is Mr Tito Mbariti. The company is Authorized and Regulated by the Solicitors Regulation Authority to operative as a Solicitor firm in England and Wales. SRA ID:628303.